IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.34603/2019 (GM-DRT) BETWEEN:
SMT.JAYANTHI @ M.S.JAYANTHI W/O SHASHIDHARA U.POOJARY AGED ABOUT 40 YEARS R/AT DOOR NO.1-107/4 NATI HOUSE, NARIKOMBU POST BANTWAL TALUK – 574 231 … PETITIONER (BY SMT.KAVITHA D., ADVOCATE [ABSENT]) AND:
1. THE BHARAT CO-OPERATIVE BANK LIMITED HAMPANAKATTA MANGALURU – 575 001 REP. BY ITS ASST. GENERAL MANAGER 2. THE DEPUTY COMMISSIONER & DISTRICT MAGISTRATE DAKSHINA KANNADA MANGALURU – 575 001 … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 17.12.2016 PASSED BY THE DEBTS RECOVERY TRIBUNAL, BENGALURU IN I.R.NO.3041/2016 ON I.A.NO.3573/2016 ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Smt.Kavitha.D, learned Counsel for the petitioner is absent.
2. Taking into account the order, which this Court proposes to pass, it is not necessary to issue notice to the respondents.
3. The petition is admitted for hearing and the same is heard finally.
4. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia assailed the validity of the order dated 17.12.2016 passed by the Debts Recovery Tribunal, Karnataka at Bangalore by which the prayer for interim relief has been dismissed on the ground of delay of 680 days in seeking the same.
5. Admittedly, the petitioner has got an alternative and efficacious remedy of an appeal under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘the Act’).
6. In view of the aforesaid remedy, the writ petition is disposed of with liberty to the petitioner to avail alternative remedy of an appeal under Section 18 of the Act. Needless to state that in case the petitioner files an application before the Debts Recovery Tribunal within a period of two weeks from the date of receipt of certified copy of the order passed today, the petitioner shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
Accordingly, the petition is disposed of.
Sd/- JUDGE KSR